Civil

A delegation of senior barristers led by Desmond Browne QC, the Chairman of the Bar, has made a five-day visit to the Gulf. The Bar’s visit took in Dubai, Abu Dhabi and Bahrain, and followed the first successful mission to the region in 2008. The senior members of the Bar Council taking part in this year’s delegation included Michael Brindle QC (immediate past Chairman of the Bar Council’s International Committee); Chantal-Aimée Doerries QC (Vice Chairman of the Bar Council’s International Committee); Michael Patchett-Joyce (Vice Chairman of the Bar Council’s International Committee); and Dr Mark Hoyle (Chair of the Bar Council’s Middle East Interest Group, and Member of the Bar Council’s International Committee with responsibility for the Arab World). Those who visited the Gulf have years of practice as expert advocates in international commercial work. They used their visit to share their knowledge and experience of best practice with the local legal community. 

THE Bar Council welcomed Lord Justice Jackson’s Preliminary Report reviewing the cost of civil litigation published today. Responses will be sought by Lord Justice Jackson from interested parties over the summer, before a final report and recommendations are published in late 2009. The Bar Council welcomes the initiative to review costs in civil matters. 

The Bar Council has already established a Jackson Working Group which will consider the issues raised by the Jackson Review. It is chaired by Michael Todd QC, with Susan Rodway QC as Vice-Chair. Representatives of a number of Specialist Bar Associations are members of the Group and they will be able to represent the diverse views of those working in the various civil fields. 

DG Internal Market of the Commission has conducted two important consultations:
(i) Harmonisation of Securities (holding and transaction) Law - in anticipation of legislative proposals to be issued towards
the end of 2009.   http://ec.europa.eu/internal_market/financial-markets/securities-law/index_en.htm
(ii) Possible Statute for a European Foundation – the EU is considering creating this new legal form, and wants feedback on a feasibility study it commissioned on the subject. http://ec.europa.eu/internal_market/consultations/2009/foundation_en.htm 

A Bar Council “think tank” has proposed a self-funding scheme to help those ineligible for civil legal aid but without the means to mount a legal claim. 

The EP has supported the Commission’s 2008 proposal to extend copyright protection for performers and phonogram producers, from 50 to 70 years. See:
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-0282 

The judgment reconfirms the Unfair Commercial Practices Directive 2005/29/EC as a maximum harmonisation directive, holding that Member States may not adopt measures that are more restrictive, even in order to ensure a higher level of consumer protection. http://curia.europa.eu/en/actu/communiques/cp09/aff/cp090031en.pdf 

The Commission has adopted a largely positive report on the first 5 years of operation of Regulation 1/2003, which overhauled the procedural rules supporting the application of the EU’s antitrust Articles 81 and 82 TEC. See:
http://ec.europa.eu/competition/antitrust/legislation/report_regulation_1_2003_en.pdf 

The Bar Council has reacted with interest to Lord Justice Jackson’s provisional view on “no win no fee” agreements contained in his preliminary report in his Review of Civil Litigation Costs. 

The replies to the Commission consultation on this subject are now available on the Commission’s website: 

http://ec.europa.eu/justice_home/news/consulting_public/news_consulting_public_en.htm   

Meanwhile, the Legal Affairs Committee “JURI” of the EP adopted its own-initiative report on the file on 31 March, picking up on, inter alia, the Bar Council’s suggestion that consideration be given to the idea of introducing a form of Community provisional measure additional to those of national courts. 

Following on from its White Paper of this time last year, DG Competition has been working on a proposal for a directive on antitrust damages, covering the range of issues consulted on, including collective redress. The proposal was expected to be adopted in May, but it seems that its premature leak in draft form may have affected that. However, the political and substantive debate is already underway.